Suneet Kumar, J. - (1.) The second respondent filed an application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 alleging that she was married to the applicant on 25 May 1997 as per Hindu rites and customs, after marriage, she started residing with her in -laws at Noida until 2004, thereafter, in -laws shifted to Ghaziabad; from their wedlock three daughters were begotten. It is further alleged that since no son was born, second respondent was subjected to physical and mental harassment by the applicant after consuming alcohol. In May 2011, the applicant abandoned the second respondent, upon enquiry, it transpired that the applicant was living with another woman, namely, Pooja at Indira Puram, Ghaziabad as husband and wife. On visiting the premises, the applicant and the lady used criminal force, the second respondent was mercilessly thrashed. On 6 June 2011, the second respondent lodged a F.I.R. against the applicant and Pooja at Police Station Indira Puram being Case Crime No. 1048 of 2011, under Ss. 494, 498 -A, 323, 325, 504 and 506 I.P.C. It was contended that the applicant is engaged in a business of tent house in Village Hoshiyarpur and earns approximately Rs. 25,000/ - per month, therefore, can maintain the second respondent and her minor children.
(2.) The applicant contested by filing objections denying the allegations, it was alleged that the second respondent was never married to the applicant, she is not legally wedded wife, therefore, it was sought to be contended that she has no right, nor is she an aggrieved person within the meaning of the Act, therefore, not entitled to maintenance.
(3.) The Judicial Magistrate, Gautam Budh Nagar, granted interim maintenance to the second respondent and her minor children @ Rs. 10,000/ - per month, aggrieved, the applicant preferred revision before the District and Sessions Judge, Gautam Budh Nagar, which was rejected by order dated 12 October 2015. The aforementioned orders are being assailed under Article 227 of the Constitution.;